Software piracy: A study of causes, effects and preventive measures

Transcription

1 Ishwor Khadka Software piracy: A study of causes, effects and preventive measures Helsinki Metropolia University of Applied Sciences Bachelor of Engineering Information Technology Thesis 14 January 2015

2 Author(s) Title Number of Pages Date Degree Degree Programme Specialisation option Instructor(s) Ishwor Khadka Software piracy: A study of causes, effects and preventive measures 51 pages + 1 appendix 14 January 2015 Bachelor of Engineering Information Technology Software Engineering Jaana Holvikivi, Principal Lecturer Software piracy is a serious issue that has been affecting software companies for decades. According to Business Software Alliance (BSA), the global software piracy rate in 2013 was 43 percent and the commercial value of unlicensed software installations was $62.7 billion, which resulted in millions of revenues and jobs lost in software companies. The goal of this study was to better understand the software piracy behaviours, how it happens, how it affects to individuals and software companies, security issues associated with using pirated software and possible preventive measures that can be considered to reduce piracy. The study utilized quantitative research method to collect data from students. For this purpose, an online survey was conducted among 46 undergraduate students studying at Helsinki Metropolia University of Applied Sciences and Laurea University of Applied Sciences using Google Form and asked several questions concerning software piracy. Students were provided a link to the form via Facebook messages and s to participate in the survey. Importantly, most of the respondents responded that high software prices, pirated software being available on the Internet and economically weak people not being able to afford software were the major reasons behind the increasing software piracy. The study provides an overview of software piracy and creates awareness against unauthorized use and distribution of software. Moreover, it is a huge and interesting topic for further studies. Keywords software piracy, types, causes, consequences of piracy, possible measures to prevent piracy

3 Abbreviations B2B BSA CAAST CD CD-ROM CIO DMCA FAAST FTP GPL IDC ISP IT OSS P2P SIIA TRIPS WIPO Business-to-business Business Software Alliance Canadian Alliance Against Software Theft Compact Disk Compact Disc-Read Only Memory Chief Information Officer Digital Millennium Copyright Act Federation Against Software Theft File Transfer Protocol General Public License International Data Corporation Internet Service Provider Information Technology Open Source Software Peer-to-peer Software & Information Industry Association Trade Related Aspects of Intellectual Property Rights World Intellectual Property Organization

4 Contents 1 Introduction Overview Purpose of the study Limitations 2 2 Theoretical framework Software piracy in different forms Softlifting Internet piracy Hard-disk loading Software counterfeiting Unauthorized use of academic software Renting Major factors behind software piracy Public awareness High price of software Legal enforcement Social and cultural factors Pirated software on the Internet Statistical analysis of software piracy and comparisons Comparison of software piracy in different regions Commercial values of unlicensed software installation Software piracy behaviours in mature and emerging economies Risks of pirated software Risks to individuals Risks to enterprises Different organizations'actions against software piracy Business Software Alliance (BSA) Software and Information Industry Association (SIIA) Microsoft Corporation 24

5 3 Empirical study Objective and method Results and discussion 27 4 Preventive measures Increasing public education and awareness Understanding proper use of software and the law Copyright protection of software Software licensing Open Source Software Historical background on the development of OSS Adoption of OSS 45 5 Conclusion 47 References Appendices Appendix 1. Students' opinions towards software piracy

6 1 1 Introduction 1.1 Overview Over the past few decades, the world has seen rapid growth and great achievements in the field of information technology. This has resulted in the expansion and rapid progression of the software companies. As the software companies have expanded in huge numbers, so has the criminal activity of software piracy. Software companies have been plagued by piracy for years. Technological advances have made it easy for anyone to reproduce and distribute copyrighted works anywhere, anytime and to anyone. These same technologies have made large-scale commercial copyright infringement a major form of thefts and fraud. Software piracy has been identified as the worst problem facing the software companies today. It has not only affected the software companies but also has caused much panic for the content owners. The development of technological tools such as computers, software and the Internet has made our lives easier, but abuse of such tools has created a serious issue like software piracy which is now a growing concern for several countries. Software piracy is a crime commonly defined as illegal copying, downloading, sharing, selling or installing of copyrighted software. The majority of software today is purchased as a single-user license, meaning that it can be used by exactly a single authorized user in one or more machines as long as the same licensee is the only user. Making multiple copies of it and sharing it with friends or relatives is considered to be violation of the license terms and conditions. Although most computer users today are aware of unauthorised use and duplication of software being illegal, software piracy still exists as a serious issue. The Global Software Survey conducted by Business Software Alliance (BSA) in partnership with International Data Corporation (IDC) shows that 43 percent of the software installed on personal computers around the world in 2013 were not properly licensed. The total loss due to installations of unlicensed software was $62.7 billion. The survey was conducted among 22,000 consumers and enterprise PC users. [1]

7 2 1.2 Purpose of the study The purpose of this study was to better understand and identify software piracy behaviours. The study begins with a discussion on software piracy followed by an overview of a survey conducted among students. The study mainly aims to answer the following questions. 1. What are the types of software piracy? 2. What are the key factors encouraging software piracy? 3. How are anti-piracy organizations working to control increasing software piracy? 4. What measures can be taken to reduce software piracy? 1.3 Limitations This study has some limitations. The study presents the current situation of software piracy and utilized ideas from previous studies related to the topic. Students who use computers and the Internet on a daily basis were invited to participate in the study via and Facebook messages. A relatively small number of participants took part in the survey and the sample data obtained cannot be generalized to the whole population in the world. The study discusses the causes, consequences and preventive measures of software piracy. The study emphasizes the Open Source Software (OSS), public education and awareness, and understanding the proper use of software as preventive measures to reduce piracy. The OSS model discussed in the paper could be of great assistance to reduce piracy. The other two measures depend on individuals, how they consider it and implement in their real lives.

8 3 2 Theoretical framework 2.1 Software piracy in different forms Software piracy is unauthorized reproduction of copyrighted software. The unauthorized copying can be done for different purposes such as personal use, business use and even selling copies of the pirated software. Even though pirating copyrighted software is illegal, there are still millions of computer users pirating copyrighted software in the world. The rates of software piracy have been increased rapidly with the growing use of computers and this activity not only affects the economy of software companies but also affects the loyal customers who actually purchase their products as intended. [1, 7] Software piracy occurs in different forms. The most common form as defined by Microsoft is considered to be End User Piracy. It happens when individuals and businesses make copies of software without a license to do so. People may copy a program and give it to others without realizing that this is software piracy. Similarly, an organization may install software on more computers than its licenses allow. SIIA (Software and Information Industry Association) and BSA are non-profit trade associations established to advance the goals of the software industry and its hardware partners. They have listed some common types of software piracy on their websites. The most common types of software piracy as listed by BSA and SIIA are explained below, [2] Softlifting Softlifting is the act of illegal copying of software and distributing it to friends, organisations or duplication and resale in violation of the terms of the license agreement. Many personal users and enterprises are doing it knowingly or unknowingly and only few of them care about it. Such activities lead software industry to lose billions of dollars each year and shatter the profitability of large software companies as well as small ones. It often happens when organizations expand computer capabilities and install unauthorised copies, rather than going through the purchasing procedure. Softlifting is sometimes referred to End User Piracy as in both cases one copy of software is pur-

9 4 chased for a particular machine and later installed on several machines in violation of its copyright law. [2] Internet piracy Nowadays, Internet piracy is one of the fastest and easiest ways to receive pirated software. There are several websites that make software available for free download in a number of ways. Many computer users download software from the Internet, which makes their lives easy as they do not even need to visit stores or sending out copies of software on a CD-ROM or floppy disk. These techniques have made our lives easier but at the same time they have also increased internet piracy, which occurs in different forms such as downloading or uploading of illegal copies of software over the Internet. [2] Hard-disk loading Hard-disk loading occurs when an individual or company sells computers preloaded with illegal copies of software into the hard disks to encourage the consumer to buy their products. Since this kind of activity is common, SIIA recommends computer buyers to confirm with the vendors that software preloaded on the machines are legal and licensed copies. If the vendor is unwilling to supply with the proper documentation, SIIA highly recommends not dealing with that vendor. [2] Software counterfeiting Software counterfeiting is illegal duplication and sale of copyrighted software in such a way that it appears to be authentic. Counterfeit software includes accompanying manuals that the original legitimate software was sold and is usually sold at prices well below that of the retail price of the legitimate software. [2] This is the most typical type of software piracy and different organizations are actively participating in stopping this kind of activity. Though counterfeit software is cheap and easily available but it is also risky to use, since it can bring malware along with it. According to a study, The dangerous world of counterfeit and pirated software conducted by IDC in 2013, the

10 5 chances of infection of malware from counterfeit software are 1 in 8 for consumers and 1 in 9 for businesses. [13, 8] Unauthorized use of academic software Many software companies sell academic versions of their software to public schools, universities and other educational institutions. When the software is labelled to use for academic or educational purposes only, it cannot be used for commercial or other forprofit purposes. Using academic software for private use in violation of the software license is a form of software piracy and it not only hurts the software publisher, but also the institution that was the intended recipient of the software. [2] Renting Renting involves someone renting out a copy of licensed software for temporary purposes. In such type of piracy, software is rented to individual computers and returned the original software to the renter. This method of piracy is not as common as other forms of piracy due to its distribution nature but it still does exist. It has always been illegal to rent unauthorized copies of software. The Computer Software Rental Amendments Act formed in the US in 1990 strictly prohibits the rental, lease or lending of a computer program for direct or indirect commercial gain unless authorized by the owner of the copyright in the program. [4] 2.2 Major factors behind software piracy Software piracy continues for several reasons, however, and is a serious problem. The magnitude of software piracy varies in different countries. In some countries, the legal protection for software does not exist while in some other countries laws are rarely enforced. In addition, many buyers believe they have the right to copy the software for which they pay a huge amount of money. In recent years, many studies and surveys have been focused more on finding the causes of software piracy. Christensen and Eining (1991) utilized the Theory of Reasoned Action (TRA) to build a model of piracy behaviour which pointed out that an individual s intention towards software piracy was

11 6 a major factor [5, 71]. Some key reasons behind software piracy based on different studies are analyzed below Public awareness Lack of awareness in proper use of software is considered to be the key point influencing software piracy. Although software industries provide information regarding copyright of software to computer users by employing licensing agreements as a means of information during the installation process, most of the users do not even bother to read license agreements before moving to the next step in the installation period. Many people misuse software products. They install software in their computers and make a copy of it and give it to others and they do not even realize that what they are doing is illegal and against the copyright law. [3, 61] High price of software The high price of software is another factor causing software piracy. Countries with low economies are likely to have higher piracy rates when software products are priced higher in comparison with the developed countries. Software products developed in economically rich countries are generally not affordable in poorer countries. The economy of any country has a strong correlation with the piracy rates. According to a global study conducted by BSA in 33 countries as a part of the ninth annual BSA global software piracy study, piracy rate was higher in developing countries than in the developed countries [6]. The study found that computer users in developing and poorer countries are unable to afford the higher priced software products and they look for an alternate way to get them. [3, 62] Legal enforcement Several studies regarding software piracy have shown that the piracy rate is mostly higher in the Asian and African countries in comparison with the countries in the North America and Western Europe. This is because computer users in North American and Western European countries are aware of copyright rules and laws. Copyright laws are strictly followed in these countries. For example in the US, if any business organization

12 7 or individual is found guilty in copyright infringement, they will be sentenced to jail terms of up to 5 years along with $250,000 as fines. [7, 3] Moreover, European Union Council Directive 91/250/EEC, TRIPS (Trade-Related Aspects of Intellectual Property Rights) international agreement and WIPO (World Intellectual Property Organisation) also protect computer programs under the copyright law as literary works. Thus, unauthorised reproduction and distribution of such computer programs without the permission of owner leads to criminal proceeding and penalties. [28, 1-3; 36] However, a study by Tan (2002) suggests that where there is low probability of being caught and penalised, an individual or business will continue using pirated software. [5] Social and cultural factors It has been found that there is a strong correlation between social or cultural factors and software piracy. These factors refer to the prevailing social structure of a country and the attitudes shared by the members of that society. Several previous studies have shown that collectivist-individualist aspects of the society affect the piracy rate in any country. [3, 65-66] For example, according to a study by Kallol, Peeter and Robert (2006), software piracy is most popular in collectivistic societies where software is purchased by an individual and is shared among other members of the society. [8, 72] Pirated software on the Internet There are millions of people around the world who use computer and the Internet on a daily basis. Using computers in our daily lives has made our lives easier and has benefited us in many aspects but it has also brought some problems, and software piracy is one of them. Availability of pirated software on the Internet is one of the major factors increasing the software piracy rate globally. Pirating the software from the Internet is termed as the Internet piracy where the Internet is used to download unauthorized software. Access to high-speed Internet connections makes it easier to download software programs. Beside this, many illegally attached computer games are sent through the Internet as s, which is also a form of piracy. [2]

13 8 2.3 Statistical analysis of software piracy and comparisons Comparison of software piracy in different regions Software industries have been seen to acquire significant profits. To give an example, Adobe Corporation achieved a total revenue of $4.4 billion in the fiscal year 2012 as stated in the corporation s annual revenue report (2012). [9] This figure could have been higher if there was control over illegal copying of their products. Figure 1 illustrates the average rate of unlicensed software use in different regions. The rate was much higher in Asia-pacific of 62 percent in comparison with the Western Europe and North America which had 29 percent and 19 percent respectively. The rate in Asia-pacific was 60 percent in 2011 and rose by 2 percent in The rate was higher in Asia-pacific as the demand for software was being fulfilled by piracy in economically emerging countries, specifically China and India. China and India, considered being the biggest markets in the region had the piracy rate of 74 percent and 60 percent respectively. According to BSA, China s piracy rate was 82 percent in 2007, which showed a gradual decrease in a later survey. The reduction in the piracy rate in China was the result of legalization programs by vendors, enforcement efforts and legal requirement for PC manufacturers to ship legal operating systems with news PCs. Australia and Japan had the lowest piracy rate of 21 percent and 19 percent respectively. Figure 2 shows lists of countries that were ranked in terms of the commercial value of pirated software in 2013 by BSA. [1, 8-9]

14 9 Figure 1. Average Rate of Unlicensed Software Use. Reprinted from BSA (2013). [1, 7] Figure 2. Countries ranked in terms of commercial value of pirated software in Reprinted from BSA (2013). [1, 4] The worldwide PC market grew much faster in the past decade and at the same time due to unauthorized use and distribution of software, global piracy rate also increased. The BSA and IDC global software piracy revealed that, in 2007 to 2013, the global piracy rate increased from 38 percent to 43 percent. Table 1 compares the unlicensed software installation rates in six different regions from 2007 to The data shows that the piracy rate is gradually decreasing in Central and Eastern Europe, Latin Amer-

15 10 ica and North America whereas in other regions, the rate fluctuates by one to three percent and seems to remain steady. [1] Table 1. Unlicensed software installation rates [1, 8-9] Regions Middle East and Africa 59% 58% 59% 60% North America 19% 19% 21% 21% Western Europe 29% 32% 34% 33% Asia Pacific 62% 60% 59% 59% Central and Eastern Europe 61% 62% 64% 68% Latin America 59% 61% 63% 65% According to the study, Asia pacific had the highest rate of unlicensed software installations in 2013 followed by Central and Eastern Europe. Individual countries such as Russia and Ukraine which are considered the biggest markets of PC showed only one percentage-point decrease from Russia, where 62 percent of PC software was installed without proper licensing in 2013, was only one point down from 63 percent in 2011.In Ukraine, the rate was 83 percent in 2013, which was 1 percent lower than in 2011.Most of the countries in Central and Eastern Europe were found to have the highest piracy rate. [1, 8] Latin America had a piracy rate of 59 percent in 2013, which was 6 percent lower than in Brazil, an individual country to have the biggest market for PCs, had the lowest rate of 50 percent according to the BSA study. The study showed that the use of unlicensed software in Argentina, Mexico and Uruguay was 69 percent, 54 percent and 68 percent respectively. According to the study,66 percent of the total population in Argentina use the Internet. The reason behind Argentina having a high piracy rate was due to availability of highly pirated contents in online sources and lack of enforcement as well as effective laws to restrain Internet piracy [13]. Colombia had the secondlowest piracy rate of 52 percent in the region. [1, 8] Middle East and Africa had a piracy rate of 59 percent in 2013 and it remained nearly constant over the past five years. South Africa had the lowest piracy rate of 34 percent and it was comparatively lower than in any other countries in the region. It had a 50

16 11 percent piracy rate on an average whereas Zimbabwe had the highest piracy rate of 91 percent. Most of the African countries such as Nigeria, Algeria, Cameroon and Libya had a piracy rate above 80 percent individually. While comparing the piracy rate it was found that the piracy rate was relatively higher in the countries with poor economy, unlike South Africa, Qatar and Saudi Arabia. Turkey had a piracy rate of 60 percent and showing gradual decrease in rate which had 65 percent of piracy rate in [1, 9] North America had the lowest piracy rate of 19 percent in The United States and Canada, being the highly developed countries, had 19 percent and 25 percent of piracy rate respectively. Most Internet users are cautious of software piracy. Besides, strong laws and legal enforcement also contribute to a low piracy rate in the region. Similarly, Western Europe had a piracy rate of 29 percent in It was 33 percent in 2007 and it is gradually decreasing. Most of the individual countries in Western Europe had a piracy rate less than 25 percent on an average. Greece had the highest piracy rate of 62 percent and some other countries including Sweden, United Kingdom, Finland, Denmark, Switzerland, Belgium and Germany had the lowest piracy rate of 23 to 24 percent. However, countries such as Spain, Italy, Portugal, Cyprus, Malta and France had varying piracy rates from 26 percent to 47 percent according to the BSA study. [1, 9] Commercial values of unlicensed software installations This section discusses revenue losses by software industries due to unlicensed software installations in different regions. A recent study by BSA shows that worldwide commercial losses due to software piracy were$62.7 billion in The survey claimed that Asia-Pacific had high commercial losses worth more than 21 billion dollars alone followed by Western Europe which had $12.7billion losses due to unlicensed software installations. Similarly, other regions included Central and Eastern Europe ($5.3 billion), Latin America ($8.4 billion), Middle East and Africa ($4.3 billion) and North America ($10.8 billion). Table 2 shows the comparative losses due to software piracy from 2007 to 2013 in different regions.

17 12 Table 2. Commercial value of unlicensed software ($M) [1, 8-9] Regions Middle East and Africa $4,309 $4,159 $2,887 $2,446 North America $10,853 $10,958 $9,379 $9,144 Western Europe $12,766 $13,749 $11,750 $11,655 Asia pacific $21,041 $20,998 $16,544 $14,090 Central and Eastern Europe $5,318 $6,133 $4,673 $6,351 Latin America $8,422 $7,459 $6,210 $4,123 Between 2007 and 2013, the United States alone had approximately $8 billion to $9 billion losses annually followed by China which had $6 billion to $8 billion losses annually. This figure was much higher than in any other countries in the world. Other economically developed and highly populated countries including Canada, Spain, Germany, United Kingdom, France, Japan and Italy, showed $1 billion to $3 billion losses annually despite their relatively low piracy rates. Some other countries such as Bangladesh, Pakistan, Sri Lanka, Philippines, Greece, Turkey and Peru which are considered good markets for software sales showed commercial losses of $100 million to $400 million. Argentina, Brazil, Mexico and Venezuela in the Latin America region emerged to have high losses with approximately $1.1 billion individually where Brazil alone had $2.8 billion losses due to software piracy. Colombia which showed their lowest piracy rate of 52 percent in the region had losses of $396 million. Whereas Russia and China considered being the big market place for software and computers sale showed their losses of $2.6 billion and $8.7 billion respectively. The report stated that as the living standard of people in these countries is rising, consumers seem more likely to buy legitimate software which will help to drop the current piracy rate and value of commercial losses in the future. US Trade Representative (USTR) cited 12 countries in its priority watch list in terms of software piracy in 2007 where China and Russia were at the top.[10] National Copyright Administration (NCA) of China signed an agreement in 2006 with trade association in the UK and US stating that China has the world s second largest number of Internet users and therefore it is important to keep an eye on illegal installation of software and also stated that the government will work more to crack down on software piracy [11].

18 Software piracy behaviours in mature and emerging economies Software piracy comes in different forms. However, the principle of pirating software remains the same. Some computer users do not consider unauthorized copying of licensed software or downloading pirated software from the Internet to be wrong whereas some want to test the software and see if it can fulfil their wishes before they go and spend money on it. Recently, advancement in the Internet world is also increasing software piracy as an endless number of software can be downloaded from the Internet. There are some defenders of piracy who might say that pirating software in a way is good for software companies as it gives their products free publicity. The general thought might be good but the majority of these people would just download it rather than go and buy it. Different people have different objectives for pirating software. Some pirate because they do not want to wait until the latest software is released in their country as it can be easily downloaded from the Internet, while some do piracy as their hobby. According to a survey by BSA in 2011, 31 percent of computer users said that they pirate software always, mostly or occasionally and 26 percent said that they rarely do it. The survey was conducted with approximately 15,000 computer users in 33 countries. The rate was found different in different countries on the basis of their economies. People who always and mostly pirate software were found to be more than 6 percent and 10 percent respectively in countries with emerging economies while this rate was lower in countries with matured economies. The study stated that frequent software pirates were young and male. Remarkably, the survey reported that business decision makers in enterprises pirated software more frequently than other ordinary computer users, which adds up the total loss of commercial values of software quickly as large companies often make hundreds or even thousands of illegal copies. [12] Figure 3 shows how often the software is pirated in different countries with matured economies and emerging economies.

19 14 Figure 3. Self-Reported piracy habits by markets. Reprinted from BSA (2011). [12, 2] 2.4 Risks of pirated software There are several risks of using pirated software to individuals and enterprises. Apart from the legal consequences, the pirated software does not have any warranty to protect itself as well as it increases the chances of not functioning correctly. It increases the risk of exposure to malware and data loss. [15, 1-2] This section discusses on the consequences of using pirated software to individuals and enterprises Risks to individuals Most of the computer users look for counterfeit software products thinking that they are cheaper than the legitimate software and they will never get caught. When they are purchasing counterfeit software, they are not only violating the copyright law of software companies but they are also putting their smart phones, tablets or PCs at higher risk of security threats and possible damages. Counterfeit software is more likely to cause a computer to crash or even cause irreparable damages in the worst

20 15 case. Counterfeit software loaded in the devices can steal personal information and data without one s knowledge. For example it can steal bank credentials, address books and passwords and cause serious problems to users. Real software vendors regularly provide a small piece of software called a patch which is often used to fix problems in operating system and software programs. But, counterfeit software does not receive such patches which can make a PC or any installed devices more vulnerable to attacks. [15, 9] Counterfeit software contains malware which often comes in different forms such as viruses, worms, spyware and adware, rootkit and Trojan that can cause serious problems to machines. Viruses are typically small sized programs which infect computers when any illegitimate software is obtained from auction sites or downloaded using crack tools and peer-to-peer networks. Viruses are composed of dangerous files which harm computers destroying or altering some parts of computer systems and causing the hard drive to crash itself. They are more likely to alter a system, as a result it is unable to access certain functionality and the system might be unable to install any anti-virus software. Counterfeit software is sometimes loaded with Trojan horses by the developers, so once they are installed in computer they will send the information from computer over the Internet to the developers who essentially control the computer, slowing the system s activities or even causing the system to crash. Trojan horse is very dangerous as it claims to make the system rid of viruses but instead it introduces other new viruses into the computer system. [13, 9-10] According to a survey by IDC in 2013 in 10 countries with 1,104 consumers, 973 business users and 268 CIO/IT managers, most of the counterfeit software had malware such as Trojan horses, spyware, viruses and keystroke-capturing software. The survey stated that 60 percent of the downloaded software does not come with their activation keys, which means that users have to go back to the download site to get illegal keys that will create chances of Trojan and adware infection. In the study, altogether 270 websites and peer-to-peer networks were checked during downloading of counterfeit software. It was found that just by visiting those websites 14 percent of Trojan/adware and 75 percent of tracking cookies and spyware were detected. [13, 6] Figure 4 shows the percentage of the downloaded programs or CDs that can install malicious code on the basis of the survey done by IDC.

21 16 Figure 4. Percentage of downloaded programs/cds installing malicious code. Reprinted from IDC (2013). [13, 7] Besides this, duplicating any software product for a profit, lending an unauthorized copy to others and making multiple copies of single licensed software for multiple uses within an organization is considered to be copyright infringement. According to the U.S. Copyright Act, for any wilful infringement act, one will be penalized as much as $150,000 per infringed work. If the infringer was found innocent as he/she had no reasonable way for infringing, the penalties would be $200 per infringement and if the infringement work was not wilful, infringer would be penalized by $750 to $30,000 depending on the infringed work. In extreme cases, an infringer would be penalized as well as sentenced to jail terms up to five years. [2, 14] In the most recent enforcement action, Microsoft South Africa in co-operation with the Hawks in South Africa arrested the suspects involved in selling unlicensed Microsoft software. In the raids, hundreds of counterfeit disks containing the Microsoft software were seized and the suspects were penalized by R5,000 per disc and six months imprisonment. [14]

22 Risks to Enterprises IDC and the National University of Singapore (NUS) conducted a study, The Link Between Pirated Software and Cyber Security Breaches in early 2014 and revealed that the enterprises worldwide were expected to spend $364 billion and 1.2 billion hours in order to deal with data recovery and repair on pirated software. The study was conducted on 203 computers in 11 countries worldwide including the US, Turkey, Brazil, China, Mexico, Russia, South Korea, India, Thailand, Indonesia and Ukraine. The study was supported by 951 consumers and 450 CIOs/IT professionals. Software is considered the most valuable asset in any business organization. BSA mentioned that 94 percent of business across Europe considered IT technology as a key factor to the successful operation of a company. It also reported that 36 percent of software use in business organisations across Europe was being used without a valid licence. A forensic analysis of 203 PCs found that 61 percent of those computers purchased with pirated software in 11 different countries were infected with malware, including hack tools, viruses, worms, Trojans, adware and rootkits. This is the most severe case as IDC reported that enterprises worldwide will have to spend a total of $491 billion on dealing with issues due to malware, where $127 billion would be spent on dealing with security issues and $364 billion on dealing with data losses. [15, 1-2] The study reported that huge numbers of employees were found to bring their own software to working places. 27 percent of office employees responded that they were installing their own software on office computers and on the basis of the number of programs installed on the office computers, it was estimated that 20 percent of pirated software was installed by employees. This figure was found high in Latin America, 38 percent, while the lowest percentage was found in North America, 3 percent. Figure 5 shows the percentages of employees installing their own software on office computers. The survey was done with 951 business employees worldwide. [15, 10]

23 18 Figure 5. Percentage of employees installing their own software on work computers. Reprinted from IDC (2014). [15, 10] Many of the employees working in the enterprises could be unaware of the security issues of the pirated software that could cause huge losses of data and damages to computer hardware and software. Although most of the enterprises secured their computer systems with highly trained IT staff, this might not be possible in small enterprises. When pirated software infected with malware is installed on a computer, it will possibly disrupt the smooth functioning of the computer and the user might remain unknown of it. Deployment of non-genuine software can adversely affect the system security infrastructure. According to a study by IDC and the National University of Singapore (NUS), 71 percent of CIOs and IT managers responded that 51 percent of their employee-installed software increased security threats and the total cost to fix those threats could be $127 billion. Figure 6 shows the percentage of the problems arising due to employee-installed software at work. [15, 11]

24 19 Figure 6. Problems with employee-installed software at work. Reprinted from IDC (2014). [15, 11] Over the past few years, cybercriminals have been relying on software piracy business rather than hacking business networks and consumers PCs, from which they easily steal confidential information including data, identities, passwords and login details. According to a study by IDC, 60 percent of consumers responded that their greatest fear for infected software is the loss of data, files and personal information. Similarly, 50 percent of consumers had a fear of hijacking of , bank accounts and social networking. Figure 7 shows consumers biggest fears for infected software. [15, 13] Figure 7. Biggest fears for infected software. Reprinted from IDC (2014). [13, 13]

25 20 In addition to security issues by the installation of pirated software, enterprises have a greater risk of potential financial and legal penalties. If enterprises are found guilty of using illegal software, BSA is responsible to take action. On breaching the software copyright legislation, enterprises have to pay substantial damages and legal costs. Furthermore, they have to destroy all those unlicensed software and replace them with licensed versions. Recently in 2014, a Melbourne recruitment firm had to pay $11,190 as found to be using unlicensed Microsoft office 2007 Enterprises. The firm was caught in a raid by BSA and was forced to purchase the licensed software to legalise its ongoing software deployments. [16] A similar case occurred in South Korea in 2013; the Seoul High Court filed lawsuits against two companies for illegal use of computer software. The companies were found using pirated Windows XP, Microsoft and some other software on their office computers. Two companies had to pay $41,800 and $104,625 individually to Microsoft and six other software vendors. [17] 2.5 Different organizations actions against software piracy Several efforts have been made to minimize the growing software piracy worldwide. Stop Online Piracy Act (SOPA) was introduced in the United States by Lamar S. Smith in 2011, intended to address the growing problem of piracy and counterfeit goods. It is a crucial effort to enforce and protect intellectual property (IP) rights, which can mitigate the losses of many software vendors. [18] Likewise, the National Intellectual Property Law Enforcement Coordination Council (NIPLECC) was formed in 1999 to investigate and prohibit intellectual property violations over the Internet. In 2001 as part of its operation, it conducted simultaneous searches in different parts of the United States and five other foreign countries. In the search process several computer sites were found to have thousands of pirated copies of software, computer games, music and movies. Seventeen defendants were suspected and ten of them were found guilty and sentenced to months in jail. [19, 7] Apart from them, there are several other organizations dedicated to stop worldwide growing piracy, such as BSA, CAAST, SIIA, IACC and FAAST, that describe the intellectual property rights and penalties for abusing legitimate software.

26 Business Software Alliance (BSA) BSA is the leading advocate for global software and hardware industries with its headquarters in Washington, DC. It was established in 1988 and has been promoting legal software use in more than 60 countries. It works on behalf of the largest software companies including Adobe, Microsoft, McAfee, Autodesk, Intuit, Symantec, Apple, Bentley Systems, Borland, Macromedia, Unigraphic Solutions and many others. It has collected millions of dollars in restitution from different companies in the United States alone that were caught with illegally copied software. Every year, it conducts worldwide study in collaboration with IDC and estimates the level of software piracy as well as the total losses to the software companies. If any company or individual is suspected of using illegal software, it will first send an audit letter asking to provide proofs of purchases for each of the software products installed on computers and if the company or individual is unable to provide the proof of legal purchase, then they could be liable to pay penalties as much as $150,000 depending upon the illegal software found in the company. BSA uses different techniques to detect and remove the illegal software in online and cloud environments. It works together with hosts to remove pirated software files from their sites. BSA s Internet enforcement has removed thousands of download links offering illegal software. One of the factors increasing software piracy rates in emerging countries is considered to be a high-speed Internet access. There are several auction sites, peer-to-peer (P2P) networks and internet channels which have thousands of illegal software files. BSA has been working to remove illegal software and to shutdown such illegal auction sites. According to BSA, in 2009 it removed 36,921 illegal software auctions globally. The auctions were involved in the distribution of illegal software with the total value of $430 million. It removed 883,221 software products from its member software companies. In addition to this, it sent more than 7.3 million takedown notices to Internet Service providers (ISPs) and 152,286 takedown notices to BitTorreent indexing sites to remove illegal distribution of software products. [20, 2]

27 Software and Information Industry Association (SIIA) SIIA is the principal trade association that advocates the software and digital content industries for more than 800 companies worldwide. It was formed in 1999 in an association with software publishers and information industry. Its members range from start-up companies to the largest companies such as Adobe, McAfee, Symantec, Autodesk, FileMaker and Borland. It promotes the importance of copyright protection and intellectual property to businesses, consumers and education. It takes legal action against illegal software use and illegal selling of software. It runs the Corporate Anti- Piracy Program and Internet Anti-Piracy program. Through the Corporate Anti-Piracy program, it handles cases of software and digital content piracy taking place within an organization. In the Corporate Anti-Piracy Program, it has described some possible piracies, listed below taking place within an organization. [19, 3] 1. An organization purchases single licensed software and installs it on many computers, which violates the terms of the license agreement. 2. An employee makes a copy of business software and installs it on his or her home computer violating the terms of the license agreement. 3. An organization copies a software program on an organization s servers and clients can freely access the software. 4. An organization purchases computers with preloaded software and the vendors fail to provide the purchase documentation to verify the legitimacy of the preloaded software. 5. Posting any newsletter articles, magazines or news by an organization on a website without any permission is termed as content infringement. SIIA s Corporate Anti-Piracy program is mainly driven by source reports. Usually the source refers to a vendor, member company, current or former employee, or any other person with reliable information about illegal use of software or digital content by a business organization. In order to encourage sources, SIIA offers rewards of up to $1 million. Before pursuing a case against any target organization that is using illegal software, it will first verify the information provided by its sources. It thoroughly investigates and collects credible information that shows the nature and extent of the piracy. It notifies software vendors whose products were identified by the sources and

28 23 waits for their authority to pursue the case on their behalf. When the authorization is received, SIIA will contact the reported organization and conduct an investigation of all its workstations and servers to determine the extent that the software was distributed or copied illegally. Once the organization is found to be using software illegally or violating the terms of the license agreement, the organization must remove all the infringing software and replace them with licensed software. In addition, the organization is penalized for using illegal software. The case will be closed if no unauthorized software or content is found. If any company refuges to conduct the requested investigation, then SIIA may sue the company on behalf of the publishers for violating the software license agreement. [21, 3-4] Internet piracy is an illegal reproduction and distribution of copyrighted digital files over the Internet. In recent years, the high-speed Internet has rapidly progressed and so as the Internet piracy. Internet piracy occurs through several channels such as auction sites, peer-to-peer (P2P) technology, business-to-business (B2B) sites, file transfer protocols (FTP), social networking sites and other websites. Among these channels, online auction sites are the most common destinations on the web where millions of people buy and sell their products. Many legitimate products are sold on these sites. The sites have also been abused when it comes to software sales. The most popular auction sites which have been abused to sell illegal software are ebay, UBid, Taobao, QXL, Yahoo! and many more. P2P technology is another common method that has been increasing Internet software piracy. Using P2P technology, users download and install many digital files on their computers. The most popular P2P protocols facilitating Internet piracy include BitTorrent, FastTrack, Gnutella and edonkey. Pirates not only distribute software among themselves, but nowadays they are reaching out to the public through different online auction sites. They are selling illegal copies of genuine software for a fraction of the original price. SIIA has addressed the illegal selling of software on auction sites by conducting several case studies. In 2006 SIIA launched a new program called Anti-Piracy Litigation Program (ALP) to combat the illegal sale of software on several auction sites. Under this program SIIA monitors auction sites, identifies groups or individuals involved in selling illegal software or contents and sues them on behalf of the association s member companies. SIIA s team of investigators work together and conduct an investigation by making test purchase from

29 24 popular auction sites to verify the product is pirated. Under these investigations, SIIA works closely with its member companies to distinguish pirated software from original software. When the products are verified as illegal, it will then issue takedown notices to the auction site providers to dismiss those listings. [21, 7] As an enforcement program, SIIA shut down more than 24,000 online auction sites worldwide under the Digital Millennium Copyright Act (DMCA) in According to a report, Craigslist.org was found to be listing the maximum number of illegal software in the United States and got the largest portion of takedown notices to remove the listings. Figure 8 shows the most popular online auction sites and individual sellers getting takedown notices for listing illegal software into their websites in [21, 6] Figure 8. SIIA s notices and takedown programs. Reprinted from SIIA (2012). [21, 6] In addition to these enforcement programs, SIIA has been conducting complementary educational programs to promote the legal use of software. It is also active on intellectual property policy matters that relates to anti-piracy issues. [21, 2] Microsoft Corporation Microsoft Corporation is the world s leading software industry founded by Bill Gates and Paul G. Allen in 1975 to develop computer software applications and systems. Its headquarter is in Redmond, Washington and it has nearly 90,000 employees working in more than 100 countries. [22, 2] Besides developing software applications and systems, it also publishes books, offers services and sells computers peripherals,

30 25 electronic game systems and portable media players. It also performs researches and has research centres and laboratories in countries such as China, Germany, England, India, Egypt and Israel. Having best known products such as Microsoft Windows series of operating systems, Internet Explorer web browser and Microsoft Office packages, its products and services are well supported by worldwide from large multinational computer manufacturers to small and local system developers. [23] Like other software industries, Microsoft is also facing software piracy as a serious threat to the company. Many of its products have been illegally used and distributed by software pirates that cause them a loss of millions of dollars and thousands of jobs every year. In addition, the company has to spend billions of dollars and hours to fix the problems created by malware on pirated software. According to a study, Addressing Global Software Piracy conducted by Microsoft in partnership with government agencies and customers in 2010, software piracy resulted $750 billions of dollars in lost revenues and millions of lost jobs to software industries. In order to combat against software piracy, Microsoft has built a worldwide anti-piracy team of forensics experts, IP specialists, government agencies and intelligence analysts that work on tracking and tracing digital criminal activities in over 150 countries. It also participates in making laws and policies in collaboration with other software companies and law enforcement agencies that promote legal use of any software products. [22, 2] Microsoft has been running several anti-piracy programs in different countries from time to time to warn customers about the dangers of using counterfeit software. To address the risks of using pirated software in terms of money and security, Microsoft conducted a study in the United Kingdom in The study conducted in 30 mid-size companies found that over one-third of them were unknowingly using counterfeit software and they spent approximately $10,000 on buying software. Another study by the Harrison Group found that nearly 4 percent of the pirated Microsoft operating systems became infected to malware at installation and were unable to download automatic updates. Recovery from data loss due to infected software cost a single workstation more than $1,000. [22, 3] In order to trace counterfeit discs, Microsoft has opened nine forensic crime laboratories around the globe where forensics experts examine and process the suspected